But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.
The fourteenth amendment to the Constitution of the UnitedStates was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
The district court dismissed the complaint for failure to state a claim, relying on numerous decisions of this Court expressly addressing the Pledge and describing it as consistent with the Establishment Clause, as well as on a decision of the Seventh Circuit rejecting a similar challenge to the Pledge.
While the case was pending on the UnitedStates' and Elk Grove's petitions for rehearing and rehearing en banc, the mother of Newdow's child notified the court that Newdow lacked legal custody of the child and legal control over the child's educational and religious upbringing.
The UnitedStates then filed a motion to enlarge the record and a supplemental brief arguing that Newdow lacks standing to prosecute his challenge to the Pledge on its face or as applied by Elk Grove.
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